(A) The Mayor is authorized to appoint some suitable person, who shall be confirmed by the Board of Trustees as Street Commissioner. The Street Commissioner shall be ex officio Road Supervisor and shall serve at the pleasure of the Board of Trustees or until his or her successor is appointed and qualified. He or she may be compelled to give bond to the town in a sum as the Board of Trustees may designate, with sureties to be approved by the Mayor. He or she shall receive compensation as may be fixed by the Board of Trustees.
(B) It shall be the duty of the Street Commissioner to have charge and exercise a general supervision under and by direction of the proper Board Committees of all streets, alleys, bridges and crossings and to supervise and have charge of all grading, repair work or any improvement whatever upon the streets, alleys, crossings and bridges of the town.
(C) The Street Commissioner shall, on or before April 1 of each year, make a complete list of all residents of the town subject to road labor under the laws of the State of New Mexico, in a book kept for that purpose. He or she shall submit the list to the Board of Trustees at the first regular meeting in April of each year. The Board of Trustees at the meeting shall fix the number of days that each person shall be required to work for the current year, which shall be not less than 2 nor more than 5 days, provided any person may pay in lieu thereof $1 for each day’s work required or furnish a substitute to perform the labor.
(D) The Street Commissioner shall, between May 1 and December 1 of each year, summon all persons subject to the labor. The summons shall be by personal notice, giving 3 days’ time and the time and place where the labor is required. Any person subject to road labor as required by this section and under the laws of the state, after being duly notified, who shall refuse to perform the labor, pay or furnish a substitute as required by this section, shall be deemed guilty of a misdemeanor and upon conviction thereof before the Justice of the Peace of his or her precinct shall be fined in any sum not exceeding $5 and costs.
(E) The Street Commissioner shall give receipts for all money collected by him or her under this section and deposit the same with the Town Clerk-Treasurer, to the credit of the Street Fund, and the money shall not be used for any other purpose except street improvements. He or she shall render complete and itemized accounts when demanded by the Board of Trustees of all collections and expenditures together with the number of days worked on the streets during the year and shall report likewise upon all work and conditions of the streets, alleys, crossings and bridges at the time as required by the Board of Trustees.
(F) It shall be the duty of the Street Commissioner once a month, and more often if necessary, to inspect all streets, alleys, crossings and bridges in the town limits, and to at once report all needed repairs and improvements. He or she may be the Town Marshal or a Deputy Marshal and may work the prisoners upon the streets. He or she shall have charge of all town teams, hauling and street sprinkling and shall employ men and women and designate forepersons for any work required, under wages and regulations as may be fixed by the Board of Trustees.
(G) If the owner of property abutting on or adjoining any sidewalk shall allow the same to become out of repair or shall allow the same to become obstructed or dangerous by having snow or ice accumulated thereon, the Street Commissioner shall notify him or her or his or her agent in charge of the property or sidewalk, and if the owner fails or refuses to repair the sidewalk or remove the obstruction, snow or ice, within a reasonable length of time, he or she shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding $10 and shall further be liable for any damages caused by the defective condition on the sidewalk as well as the payment to the Street Commissioner, a reasonable charge in case the Commissioner removes the same.
(Ord. 59, passed 1-19-1912) Penalty, see § 10.99